How does the USPTO handle prior art submissions in languages other than English for reexamination?
When submitting prior art in languages other than English for reexamination, the USPTO has specific requirements. According to MPEP 2244: “If the prior art patents and printed publications are in a language other than English, any necessary translation should be included.“ This means that: Translations must be provided for non-English prior art The translation should…
Read MoreHow does the USPTO treat foreign language publications as prior art?
The USPTO considers foreign language publications as potential prior art, provided they meet the criteria for public accessibility and publication date. According to MPEP 2128: “Prior art publications in a language other than English are considered as prior art as of their publication date, even though an English translation may not be available until a…
Read MoreHow are non-English documents handled in supplemental examination?
Non-English documents can be submitted for supplemental examination, but they must be accompanied by an English language translation. The MPEP 2809 provides specific guidance on this matter: “If an item of information is not in the English language, both the item and a translation of the item must be submitted. The translation may be a…
Read MoreHow should patent applicants handle foreign language documents?
How should patent applicants handle foreign language documents? When dealing with foreign language documents during patent prosecution, applicants should follow these guidelines: Obtain translations: Secure at least machine translations for foreign language documents. Review translations: Have someone review the machine translations for accuracy. Consider relevance: Determine if the foreign language document is material to patentability.…
Read MoreWhat are the conditions for making a final Office action when supplying a full text document or translation?
When an examiner supplies a full text document and/or translation in an Office action, it may be made final under certain conditions. The MPEP states: “An Office action supplying a full text document and/or translation may be made final if the conditions described in MPEP § 706.07(a) or for a first Office action or RCE,…
Read MoreAre English translations required for non-English prior art in reexamination requests?
Yes, English translations are required for non-English prior art submitted with reexamination requests. According to MPEP 2218: “If any of the documents are not in the English language, an English language translation of all necessary and pertinent parts is also required. See MPEP § 609.04(a), subsection III. An English language summary or abstract of a…
Read MoreWhat should be considered when dealing with foreign applicants or applications?
When dealing with foreign applicants or applications: Ensure foreign clients understand the requirements of the duty of disclosure Review information disclosure statements from foreign applicants carefully Be cautious with translations and partial disclosures of foreign references Consider prior art cited in corresponding foreign applications MPEP 2004 states: “It is also important that an attorney or…
Read MoreHow does the USPTO handle non-English language patent documents?
The USPTO has implemented measures to make non-English language patent documents more accessible to examiners: English language abstracts: Until October 1995, it was the practice in the Office to classify and place only a single patent family member for each invention in the examiner search files. In addition, all non-English language patent documents placed in…
Read MoreHow do USPTO examiners handle non-English foreign patent documents?
USPTO examiners follow specific procedures when dealing with non-English foreign patent documents: They may rely on abstracts or machine translations for initial screening If a document appears relevant, they can request a human translation English language abstracts or translations are considered along with the original document The MPEP states: “The examiner should cite the translation…
Read MoreWhat are the U.S. reservations and incompatibilities regarding PCT Rules 49.5(c-bis) and 49.5(k)?
The United States has declared that PCT Rules 49.5(c-bis) and 49.5(k) are incompatible with U.S. national law. According to MPEP 1803: “PCT Rules 49.5(c-bis) and 49.5(k) continue not to be compatible with the national law applied by the USPTO as a designated Office. See 35 U.S.C. 371(c)(2). As a result, PCT Rules 49.5(c-bis) and 49.5(k)…
Read More